The court action against the developers of the Ballito Junction had been brought by the owner of the Lifestyle Centre purely for commercial reasons, the Pietermartizburg High Court heard last week.
This was argued by lawyers representing KwaDukuza municipality and Junction developers Flanagan and Gerard, who were opposing an urgent application by Lifestyle owner Bruce Rencken to stop construction because the R1.4 billion Junction development would affect the value of his residential property and that of Wakenshaw Estate.
Rencken argued that the slip road feeding entrance to his house and Wakenshaw Estate was illegal as it had not been approved by the department of transport, that the Junction was being built without approved plans and that access to their properties would be negatively affected by the road configuration.
In their replying argument, lawyers representing the municipality and Flanagan and Gerard told Judge Jacqueline Henriques that they believed the action had been brought solely for commercial reasons and not legal ones. They said it was unnecessary, ill-founded and should be dismissed with costs.
KDM municipal manager, Nhlanhla Mdakane, said in court papers that building plans have been passed and that construction was lawful. He said the balance of convenience must be overwhelmingly against the granting of a stop order simply because of the possibility of future traffic around Rencken’s driveway.
He said Rencken and his neighbours had known of the likelihood of the link road being built for almost 10 years.
“Not only has it been envisaged that the link road would be upgraded and become much busier for many years, but the previous western entrance to the Ballito Junction shopping centre was demolished six months ago, and so the only reasonable assumption to be made is that the new western access would be from the link road,” said Mdakane.
After listening to lengthy technical arguments from all parties relating to town planning schemes, the national building regulations act, the provincial road traffic act and the constitution, Judge Henriques delayed judgment, saying she needed time to apply her mind.
“I will endeavour to deliver judgment in this matter within two weeks,” she said.
